Dana Point DUI DRUGS LAWYER

Dana Point DUI of Drugs Lawyer

If you have been arrested for driving under the influence of drugs, whether it was prescription medication or illegal drugs, it is imperative that you seek a DUI Drugs Lawyer in Dana Point immediately. Unlike the Blood Alcohol test, a DUI for Drugs is usually charged when the officer gets a 0.00 BAC and still believes the driver is under the influence while driving. Officers will take the defendant to the police station and administer either a urinary or blood test. The results of the urinary test are immediate, however a blood test is not. In Dana Point the arresting officer will make the arrest first and ask questions later.

If you have been charged with a DUID or DUI for Drugs, our team of lawyers takes the following steps to ensure that you are not criminally convicted of a DUI for Drugs, simply because you have indicated a positive test result for a substance.

Our DUI Drugs Lawyers in Dana Point, will find out when the last time you used drugs occurred. We have seen defendants test positive for drugs in a blood test, despite the fact they may have been intoxicated more than 3 days prior to being charged with the DUI for Drugs.

Our DUI Drugs Lawyer s in Dana Point will request a blood split to have your blood or urine independently tested in a laboratory and can use that evidence to show a prosecutor that while you may have tested positive on a urine or blood test, the amount in your urine or blood indicates that you were below the threshold of what is considered under the influence.

If we can show the amount of drugs, legal or illegal, in your blood or urine was not enough to be “under the influence” of that drug, then we can build a case to show you were not “under the influence” while driving.

DUI Drugs Lawyer Dana Point highlights the relevant statute on point, California Vehicle Code Section 23152(a): makes it illegal for a person to operate a motor vehicle if they are under the influence of legal or illegal drugs while operating a motor vehicle. Call a reputable DUI Drugs Lawyer in Dana Point today.

Dana Point Prescription Drug DUI Lawyer

Since the blood test administered by Dana Point police merely shows the presence of the drug, and not the concentrations, it is important that the DUI for Drugs Attorney in Dana Point ask for a blood split. The Blood split test demonstrates that the quantity found in one’s blood can fall below the threshold of what a licensed expert can prove is an amount, not likely to impair a driver.

Dana Point DUI Drugs Lawyer

Prosecutors and juries alike understand that someone being given anti-anxiety medication may test positive in their blood test, but nevertheless the medication was taken days or even weeks ago, so you are not “under the influence” of that drug while driving. Even if the drug was prescribed by a legitimate physician or medical professional, you could still be convicted of this offense if the prosecution can prove that you were in fact impaired by the drug.

Dana Point DUI Drugs Lawyer

Commonly Abused Prescription Drugs

If you have been arrested for driving under the influence of any of the following drugs, you need to contact an Dana Point DUI lawyer immediately so work can begin on your case:

The Three most common DUI for Drugs in Dana Point are given for drivers under the influence of:

Opioids and painkillers in general

Depressants—Often prescribed for sleep aid or anti-anxiety purposes

Stimulants—Often prescribed for people suffering with Attention Deficit Hyperactivity Disorder or weight loss

The most common DUI for Drugs in Dana Point are charged when a driver is under the influence of the following:

DUI Prescription Medication Dana Point, DUI Pills Dana Point

DUI Xanax Dana Point – Xanax is an anti-anxiety medication that relaxes the muscles and the mind, and as such is quite dangerous to drive while taking. However, Xanax has a very long half-life, meaning that its presence in blood c an be detected for up to one month after ingestion. Since the presence of Xanax in blood can be detected for such long periods of time, even after intoxication it is a much easier DUI for Drug s in Dana Point to fight in court. A proper blood split can show that levels in the driver’s blood fell under the threshold of intoxication, perhaps even demonstrating that the drug had not been taken for a weeks prior to the administration of the DUI blood test.

DUI Adderall Dana Point- Adderall is a medication containing amphetamines that helps users who legitimately suffer from Attention Deficit Disorder to mellow out and be in control of their thoughts and actions. Drivers who take such medications often do not get adequate sleep at night. As a result driver’s may fall asleep at the wheel. Additionally, Adderall and related substances cause driver’s to jerk their steering wheels, or make efforts to stay awake while driving, which often leads to a DUI for Drugs in Dana Point.

DUI Vicodin Dana Point – Vicodin is the most commonly prescribed medication in the United States. It is prescribed twice as much as Tylenol or other medications. Vicodin is an opoid painkiller that causes users to feel drowsy at the wheel. However, Vicodin is not very strong and does not usually cause users to sleep or get into accidents. When a DUI for Vicodin in Dana Point is charged it is usually because an auto accident has occurred and the police want to make sure that no one was under the influence of any medication. Here, the medication contains the least amount of opioids and does not normally impair driving. Unfortunately the law does not see it that way. If you have been charged with a DUI for Vicodin in Dana Point call an attorney now.

DUI Percocet Dana Point – Percocet is a slightly stronger opioid than Vicodin, and has similar effects. For the same reasons a DUI for Percocet in Dana Point can successfully be fought by showing that a user either has a tolerance and it is customary for the driver to drive while on this medication, or that the driver was not under an extreme amount of the substance when the DUI was charged. If you have been arrested for a DUI for Percocet in Dana Point call and speak to a DUI Drugs Lawyer in Dana Point today.

DUI Valium Dana Point- Valium is the most commonly prescribed sleep medication. If you have been charged with a DUI for Valium in Dana Point, it is likely because you were swerving of falling asleep behind the wheel. Fortunately Valium also has a long half life, and if a blood split test is given it can be shown that the amount of valium in your blood does not necessarily show that the driver is under the influence of valium at the time.

DUI Fentanyl Dana Point- Fentanyl is a very strong pain medication that often causes users to fall asleep behind the wheel. Fentanyl is prescribed for people who have completed major surgeries or are suffering from cancer and chemotherapy. Dui for Fentanyl in Dana Point would be linked to overdosing behind the wheel as well. Unfortunately Fentanyl has been found in heroin, and often causes lethal overdoses. Fentanyl is often only prescribed by pain doctors. If you receive a DUI for Fentanyl in Dana Point, call us today for more information on how we can represent you in your case.

DUI Codeine Dana Point- Recently Codeine has become a popular drug of choice on the streets. Codeine is a syrup that effects users differently. While classified as a barbiturate, codeine can also mimic the effects of a painkiller. Codeine is dangerous because users can fall asleep behind the wheel of the moving vehicle. If you receive a DUI for Codeine in Dana Point, call DUI Lawyer Dana Point today.

At DUI Drugs Lawyers Dana Point, we work with licensed forensic toxicologists who can examine the blood taken during the arrest, if any was taken at all.
Even prescription drugs that are "legal" can affect your driving and may warrant an arrest for driving under the influence of drugs. These types of drugs can include marijuana, xanax, valium, codeine and more. You may also have been arrested for DUI of drugs if you were using a substance in such a way that it could alter your mind. This category commonly includes inhalants such as household products that include solvents and gases. Other drugs emerging on the market that could potentially warrant an arrest.

Defending a DUI Drugs Dana Point - Drug Recognition Experts

Historically Driving Under the Influence of Drugs was difficult to prosecute because there was little to no scientific based research on the level of intoxication of a person who is precribed medication. Prosecutors would simply base their tests on a poitive negative reading, rather than actually determine the amount of drugs in the blood. As a result of that difficulty, Drug Recognition Experts, were essentially created to make prosecution of these cases easier. A Drug Recognition Expert is a police officer who goes to school for a couple of days an is trained to determine when a person is "imparied" or "under the inlufence of drugs". A person's tolerance to drugs varies and when and how they are ingested makes it difficult to proclaim that each person is equally imparied simnply because of a positive or negative reading in a blood sample.

First, lets establish that person who goes to school for a short period of a few days, would not be considered and expert in any field. Second, a major flaw with Drug Recognition Experts is that they do not know the person they are examining. Does that person have a history of mental illness? Does that person have physical abnormalities such as red eyes, from prolonged use of contact lenses? Does that person suffer from halitosis and thus has unusually dry mouth? The fact remains a Drug Recognition expert simply makes very basic observations of a person's behavior regardless of their regular self. That is, an observation of that person would not really be able to be compared with a regular or normal person since no two people are physically or mentally the same. Could a person have a nervous anxiety disorder or a phobia that would make them seem under the influence of uppers or downers? There is no way for a Drug Recognition expert to determine that when making an observation.

Additionally, there is the concept of being "actually impaired". In every DUI case a person's actual impairment must be proven. Let's say for example you are stopped during a routine DUI Checkpoint. There is no sign of driving in an impaired manner, versus getting into an accident. THis is one example of how a Drug Recognition Expert using very little knowledge to determine your impairment could be proven wrong.

Finally, there is the concept of "Per Se" impairment. This refers to the many studies on alcohol consumption and that the level at which a person is impaired is acceptable at .08% for purposes of alw enforement and DUI for Alcohol. However, there is no "Per Se" level of impairment from Drugs, and that is the reason that Drug Enforcement Specialists and Blood Samples must be argued.